Criminal Practice Amendment Rule 2023


Queensland Crest

1Short title

This rule may be cited as the Criminal Practice Amendment Rule 2023.

2Commencement

This rule commences on 1 August 2023.

3Rules amended

This rule amends the Criminal Practice Rules 1999.

4Amendment of sch 3 (Forms for indictments, informations and complaints—statement of offences under the Code)

(1)Schedule 3, form 115, ‘Had carnal knowledge with (or of)’—
omit, insert—

Engaged in penile intercourse with

(2)Schedule 3, form 116, item 1, ‘girl’—
omit, insert—

child

(3)Schedule 3, form 116, item 1, from ‘person’ to ‘her’—
omit, insert—

person engaging (or attempting to engage) in penile intercourse with EF

(4)Schedule 3, form 116, item 2, ‘the child’—
omit, insert—

EF

(5)Schedule 3, form 117, heading, ‘carnal knowledge with or of’—
omit, insert—

penile intercourse with

(6)Schedule 3, form 117, ‘Carnal knowledge with or of children’—
omit, insert—

Engaging in penile intercourse with child

(7)Schedule 3, form 117, from ‘Had’ to ‘or of’—
omit, insert—

Engaged (or Attempted to engage) in unlawful penile intercourse with

(8)Schedule 3, form 118, heading, ‘carnal knowledge of’—
omit, insert—

penile intercourse with

(9)Schedule 3, form 118, ‘Had (or Attempted to have) unlawful carnal knowledge of’—
omit, insert—

Engaged (or Attempted to engage) in unlawful penile intercourse with

(10)Schedule 3, form 120, ‘for carnal knowledge’—
omit, insert—

for penile intercourse

(11)Schedule 3, form 120, ‘in carnal knowledge’—
omit, insert—

in penile intercourse

(12)Schedule 3, form 122, item 2, ‘having (or attempting to have) unlawful carnal knowledge of’—
omit, insert—

engaging (or attempting to engage) in penile intercourse with

(13)Schedule 3, form 123, ‘have unlawful carnal knowledge with (or of)’—
omit, insert—

engage in unlawful penile intercourse with

(14)Schedule 3, form 124, ‘Had (or attempted to have) carnal knowledge with (or of)’—
omit, insert—

Engaged (or Attempted to engage) in penile intercourse with

(15)Schedule 3, form 131, ‘Maintaining a sexual relationship’—
omit, insert—

Repeated sexual conduct

(16)Schedule 3, chapter 33A, heading, after ‘stalking’—
insert—

, intimidation, harassment or abuse

(17)Schedule 3, form 205, after ‘Punishment of unlawful stalking’—
insert—

, intimidation, harassment or abuse

(18)Schedule 3, form 205, after ‘stalked’—
insert—

, intimidated, harassed or abused

(19)Schedule 3, form 205, after ‘the unlawful stalking’—
insert—

, intimidation, harassment or abuse

(20)Schedule 3, form 205, after ‘[date].’—
insert—

And a domestic relationship existed between AB and EF.

(21)Schedule 3, after form 205—
insert—

Form 205A Contravention of restraining order within 5 years after conviction for domestic violence offence

(Section 359F(10). Court may restrain unlawful stalking, intimidation, harassment or abuse)

Knowingly contravened a restraining order.

And in the 5 years before the contravention, AB had on [date] at [place] been convicted on indictment of a domestic violence offence, namely [set out substance and effect of indictment] (or had on [date] at [place] been summarily convicted of a domestic violence offence, namely [set out substance and effect of complaint]).